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Rutan v. Republican Party of Illinois (docket #: 88-1872) (1990)  [Findlaw]

Secondary Link Rutan v. Republican Party of Illinois  [Legal Information Institute]
Argument Date 01/16/1990
Decided 6/21/1990
Supreme Court Vote 4-1-4
Note Decided together with French v. Rutan (No. 88-2074)
Supreme Court Ruling First Amendment claim upheld; low-level hiring decisions may not rely on party affiliation
IssueWhether promotion, transfer, recall, and hiring decisions involving low-level public employees may be constitutionally based on party affiliation and support.
Majority Opinion Brennan, J.
Concurring Opinion Stevens, J.
Dissenting Opinion Scalia, J. (joined by Rehnquist, C.J., Kennedy, J. & O'Connor, J. (in Parts II and III)
Lower Court 7th Circuit
Lower Court Ruling First Amendment claim upheld in part, denied in part
Oral Arguments Oral Arguments  [Oyez]
For Petitioner
Mary Lee Leahy

For Respondent
Thomas P. Sullivan

For Amicus
C. Richard Johnson for the Independent Voters of Illinois-Independent Precinct Organization et al.(for petitioner)

George Kaufmann and Laurence Gold for the American Federation of Labor and Congress of Industrial Organizations (for petitioner)

Hector Rivera Cruz, Secretary of Justice of Puerto Rico, et al. for the Commonwealth of Puerto Rico (for respondent)

J. Michael McGuinness for the North Carolina Professional Fire Fighters Association (for petitioner)

Robert H. Chanin and Jeremiah A. Collins for the National Education Association (for petitioner)

Ruling - Lower Court
868 F.2d 943,
Greenhouse, Linda, "Court Widens Curb on Patronage in Jobs for Most Public Workers," The New York Times, June 22, 1990, Sect. A, p. 1
Johnson, Dirk, "Court Ruling on Patronage Gets Some Mixed Reviews," The New York Times, June 23, 1990, p. 6
Marcus, Ruth, "Job Patronage Barred by High Court Ruling," The Washington Post, June 22, 1990, Sect. A, p. 1
Wermiel, Stephen and David Shribman, "Supreme Court Bars Patronage in Hiring, Promotion of Most Government Workers," The Wall Street Journal, June 22, 1990, Sect. A, p. 10
Tolchin, Martin, "Why Patronage is Unlikely to Fade Away," The New York Times, July 1, 1990, Sect. E, p. 2
Will, George F., "The Benefits of Patronage," The Washington Post, June 28, 1990, Sect. A, p. 25
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